The
Washington Court of Appeals issued an unpublished opinion earlier this month
concerning a challenge to the termination of a membership in a private social
club. The membership termination came as
the result of a dispute over whether or not a member could bring an eleven-foot
wide trailer onto the property. The
width of the trailer allegedly ran afoul of the club’s bylaws. Finding no significant procedural
irregularities, the appellate court upheld the club’s membership termination.
A
concurrence to the court’s opinion noted that a slightly different standard
would have been applied if this had been a case involving the restrictive covenants
of a community association. In that
situation, the court would have interpreted those covenants "in such a way
that protects the homeowners' collective interests and gives effect to the
purposes intended by the drafters of those covenants to further the creation
and maintenance of the planned community."
In other words, the interests of the community as a whole are entitled
to great weight when there is a dispute about what the covenants governing Washington
condominium and homeowners associations mean.
At
their best, community associations promote high property values and a pleasant
living environment. They make owners’
lives better by pursuing the common good.
On this Thanksgiving, owners should remember to be thankful for the
benefits that they enjoy due to their membership in a community association.
